The Hawaiian gazette., 1887-10-04

ar 81 sssS 4ef.~ II the Act he considered as
Gaco oSsssasloysAl Sad iuopeSsslve in respect
! n toe disbursement 0E the military and
nSvat appropriations BY resS0n et there
beng ne lsSAl CoMmSp3eT>la-ChSet To III
car liability, anG GSSSGSSs the funds, there
VI oe no difficulty II CsSor,icS then - the
Approximation Rlll. The items for military
are i0ela5ed in this Ae, IL sue Department
~ the Minister u Foreign Affairs, who can
draw upoG these appropriations On his min.
iS,eyial Responsibility,
The third re&S0a ALLEGED Is thes stated,
TbSt Section 1 81 said Act in the second
r&va->rAps thereof PRvpartS - Sppropriate
toS tue purposes % Carrying this Act into
eject the sum OF twe0ty-o0e thousand dol
lars tor each biennial period thus purport,
ii,s, IN sEfees to bind Succeeding Legislatures
= TIE seaport of the purposes ST forth IN
the Aet,~
TIE p&raSrapA referred 10 reads. There
shall os appropriated and applied - such
purpose froua mOaiss IN the Pablo Treasury
80 e sfa'Ss GEsz,,l's'}sstei. the sun ct twenty
osls SRooS2ad dollars tog each bieanial Ne
viod,~
We take it tha; ;ae woris ~,sat otherwise
spp7Ocrtstei ,-'ss- q, ~cs Ss,s r1s,vss-a' a,y tGs
general App E3ll Is author
lEsd by s6s s5sn AssyS.s ~ sl1e Constitution.
~Ice Legislature votes the appropriations
N.AS-a-.aa--sG ~ A-l4 N-sS-N - AeAkN- s-AS
ylsv thar monies appropriated by lsr. the
item i0z which Is not IN the Appropriation
fSl.l, cannot be drawn except from surplus
II the Treasury after all the items IL the
Appropriation Bill have been met. In this
couus-y this condition Of the Treasury could
not be sSeersAinsi until the close of the
biennial period. But the fourth section of
The Appropriation Bull for 1865 rssds. The
Minister Of Finance shall not cause or allow
- Be paid from thP Treasury any rl0,sey for
objects & ssOtGcg,ssi ~ THIS gSgT except
under he VyUv,>lo,sS nj The Postal Swings
Bank Ac,, And Il tsali well Dc argued thSt
this general enactment controlled.
We sire Of opinion that one Legislature
eSnros bind its successor 20 the voting of
appropriations where no legal rights of third
parties are involved, But the item for the
military snd naval organisation appearing
IL the Appropriation Bill as well IS in the
Acs under consideration. further discussion
OF i Is unnecessary.
The fourth reason IS suggested III your
letter Is;
Foursh-TThst Section ) of the SSid Act
provides for the masking Snd PRONUNCIATION
by body or authority other than the LsgiS-
l2Eurs Of this Kingdom of S code Of rules and
regulations 10 be entitled the Negotiations
OF tbs Army and Navy which rules and rsgu-
lztiOCs sire By said Act Section - invested
n advance With the force snd e1ect Of law,
Srd Nsclzsl0nS Of the same sre made penal.
SAYS Cooley On Constitutional Limitations
?. llo. One OF It's settled usxims on constr
rational l2w Is. thar she power conferred
upon the Legislature to make laws cannot
Dc delegated oy that department - any other
body o. authority
Bct there are some matters 0t mere re-u-
latJol the authority 10 make which can be
delegated by the Legislature without an
Infringement Of ths Constitution.
rhIN hV
90 OF TIE Civil Code 10 the Minister Of FL
Marco 60 make regulations for tns collection
OF duties ana the transaction of the business
OF c.S5uyn houses &c. and the power given by
Section - 0f the Civil Code to the Supreme
ColrJ 10 make rules fOE regulating the pTSc-
t,cs IN the Courts Until We sb0uld BE- shown
tie .'R1lsS and Regulations promulgated
By the Cdisf OF Staff under the authority Of
Section > OF TIE Acc. IL vO0ld De impossible
TO say whether they amounted 10 az attempt
10 exercise powers Of legislation, or infringed
upon the functions Of the Legislature. If,
however. these "RuleS and Regulations i'm
posed penalties they would be imperative
and void as replgrant 10 the Constitution.
he second question asked Is, What laws
o. parts Of Laws If any ara repealed by Sec
ton II OF this Act"
If the Legislature should intend to repeal
any specific law Il would Be better to indI-
cafe II, for II cannot be known what laws are
repealed oy implication or By general words,
Is Used n Section l. OF this Act, until there
has been 8 Judicial decision 10 that effect.
From S1ch Investigation IS Ee are able to
SIvs 20 the matter. ws ind only one law
which would Dc repealed by the AcE under
discussion Il Is the Act Of the Isl OF August.
1874. being chapter xxx OF the Session
Laws of 1874 This Act abolished the Office
% Secretary OF Wax and OF the Navy and
Authorized HIS Majesty 70 confer the duties
Of this O1Hcs BY special commission on 2
Conuarisr-i Chief This appointment was
never made. IS vs have been Informed,
owing 70 the bSlisf that the law authorizing
the appointment OF Conm4ndsr-in-Chis
Vas rsp1Eu4ot 10 the 18th Article OF the
Constitution then n force.
Respectfully submitted,
j. z. JCDD,
LAWRENCE MCCCLLY.
EDWAED PRESTON,